I must vigorously disagree with Dennis Reardon’s argument as it appears in his May 6 letter to the Cape Gazette.
Although I'm not a lawyer, I can read the plain language of the law – which is why it's important to actually look at the language and not simply rely on a lawyer's opinion. In fact, that’s the reason behind trying lawsuits based on the merits of opposing legal arguments.
Clearly, other lawyers – such as our own City Solicitor Glenn Mandalas – dispute Dennis Reardon’s argument with respect to the Fisher’s Cove matter. In a Nov. 26, 2021 article in the Cape Gazette, Mandalas is quoted as saying, “The city intends to vigorously defend its decision and the allegations in the petition, including the unsubstantiated and unhelpful personal attacks on the mayor, members of city council and members of the city’s planning commission.” In fact, the city charter states that Lewes “shall” defend its officials – unless accused of criminal action – and indemnify them.
According to Reardon, claimants (the developers) alleged constitutional rights and state statute violations that are not “torts” – civil wrongs that caused them to suffer loss or harm. But given that no court has ever weighed in on these lawsuits, it’s impossible to determine whether the allegations are indeed torts.
Additionally, these legal actions asserted claims of alleged bias, backroom lobbying and unfair process – which, if deemed violations of the Standards of Conduct, were civil wrongs committed by individuals, for which the city should not be held liable. Equally important, claims such as these appear to fall within the guidelines of tortious acts. And if they don’t, one must assume these so-called wrongdoings were criminal in nature.
More to the point, however, the developers seem to be arguing their right to essentially cause harm to others in contiguous neighborhoods, while insisting others don't have the right to defend against that harm. And given that the Lewes Planning Commission advised that if approved, this development had the clear potential for causing environmental harm that included serious flooding and ongoing risk to health and welfare, why didn’t their recommendation serve as the basis for defending the city’s decision?
The way I see it, the role of government is to protect the rights of communities – which includes the equal rights of individuals – rather than bowing to the spurious claims of developers in lawsuits obviously designed to harass and intimidate. Furthermore, the law, as I read it, isn’t written to simply protect officials performing their duly assigned responsibilities, but to protect the public’s interests and the community’s rights, as well. So I would submit to Dennis Reardon, that it’s certainly within our rights as citizens of Lewes to ask the right questions and demand the right answers.
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